Court eviction claim - help

EightFiveTwoDude

Hi all,

I’m looking for some advice.

I received a Section 21 notice that expired in February 2026. The landlord has now applied to the court using the accelerated procedure.

We informed the landlord and letting agent that we were in the middle of selling our house and buying another. The process has taken longer than expected due to a failed sale, so we requested just a couple of extra months to stay. This was rejected, even though we have always paid rent on time and have never missed or delayed a payment.

Before the letting agent issued the Section 21, the landlord contacted me directly to request access for their builder to assess what renovation work was needed. At that point, there was no mention of serving a Section 21 or any warning that they intended for us to leave.

I would like to know whether there is any chance the court could strike out this Section 21 or grant us extra time.

I’m also reviewing our records and have found 2–3 repair/clearance issues that were reported to the agent last year but were never addressed. Would this affect the validity of the Section 21 when the court considers the case? One repair we reported was dismissed as “our fault”, and we were told to fix it ourselves or it would be deducted from our deposit. However, when the landlord’s builders previously inspected the property, they said the issue was caused by a structural problem with the house. The agent and landlord disagree.

The other repair we reported was attended by a handyman sent by the landlord, who said it was a simple fix and that if it happened again, I should just repair it myself. At the time, we tried to be cooperative because the landlord seemed cooperative too. But given the way we’ve been treated since, I’m no longer willing to carry out repairs for them — especially anything that could be hazardous.

ALSO - when the agent sent me the S21 - the property address on the email was completely different from the place i am renting and i did not bother opening any attachments (priivacy concerns) for more than a month thinking they sent it to me by mistake, after a month of not hearing anything on this from them i messaged to ask if this was for me and they just said the cover email has incorrect addres but the actual S21 is correct.

I dont have time to report this to the council - i need to put in a defence in 3 days so i want to know if putting any of the above will be of any use in helping me get a decision in our favour ? The landlord are also asking for 500GBP+ in court fees.

any guidance is much appreciated

anselld

Repairs do not invalidate s21 unless reported to Council and enforcement notice issued.

However, check your tenancy agreement regarding service of notices as email might not be a valid method. Email is only allowed if that is explicitly stated in the tenancy agreement.

Also check …

https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction/section_21_validity_checker

Jemma01

Courts could grant you extra 6 weeks on hardship basis, like the unexpected delay in house sales, if they grant the section 21. You could also argue that the cover letter caused confusion that you rightly so assumed you weren't the intended audience.

You might also have a foot if there are technical errors in the way the landlord rented the property and managed it, like not using a deposit scheme, or not fitting alarms or doing what they needed to do legally. But I don't see the repairs you mentioned being relevant.

I do feel sorry for landlords who have to deal with this, it's not his fault your sale is struggling.

LightFlare

unless the landlord has messed up then prepare to have to move out

You’ve had plenty of time/warning to arrange an alternative

Why can you not move back Into the house you’re selling ? (guessing you have relocated)

saajan_12

I would like to know whether there is any chance the court could strike out this Section 21 or grant us extra time.

The key is whether the S21 was valid when served - there's a long checklist including the format, dates, gas certs, deposit protection, etc.

Everythign else you mention is irrelevant to the S21 - rent payment on time is expected, repair issues only affect things if they are escalated to a council enforcement order, not just things you've reported and let go in the past.

ALSO - when the agent sent me the S21 - the property address on the email was completely different from the place i am renting and i did not bother opening any attachments (priivacy concerns) for more than a month thinking they sent it to me by mistake, after a month of not hearing anything on this from them i messaged to ask if this was for me and they just said the cover email has incorrect addres but the actual S21 is correct.

Provided email notices are allowed in your contract (check) then the notice attachement was indeed served to you. If you were concerned about the name, you could have asked them to clarify, but I don't think its reasonable to just ignore and expect that to change the date of service.

I dont have time to report this to the council - i need to put in a defence in 3 days so i want to know if putting any of the above will be of any use in helping me get a decision in our favour ? The landlord are also asking for 500GBP+ in court fees.

What do the £500 costs cover - if its court fees then that's indeed due if the LL is awarded the eviction. Plus bailiff fees if it comes to that. However you're not liable for solicitor costs he chooses to incur.